Solicitation.pdf

CONSTRUCTION INVITATION TO BID COVER SHEET

SOLICITATION NUMBER: 1189-ITB-25-3

SOLICITATION TITLE: NATIONAL VILLAGE RETENTION AREA

ISSUE DATE: 06/16/2025

QUESTIONS DEADLINE: 06/30/2025 5PM EST

PROPOSAL DUE DATE: 07/16/2025 3:30PM EST

EVALUATION COMMITTEE MEETING: N/A

ORAL PRESENTATIONS MEETING: N/A

The City reserves the right to modify or alter the procurement schedule as needed.

PROCUREMENT DEPARTMENT

CONTACT PERSON

Alex Massari

EMAIL ADDRESS: amassari@rivierabeach.org

The City of Riviera Beach reserves the right to cancel this ITB at any time and for any reason before the City Council awards a contract.

Responses must be received electronically ONLY via BidNet

(https://www.bidnetdirect.com/florida/cityofrivierabeach). Responses not received electronically by the deadline, will be rejected.

City of Riviera Beach, Florida

Procurement Department 1481 West 15th Street

Riviera Beach, FL 33404 Web: www.rivierabeach.org

Office: (561) 845-4180 Email: purchasing@rivierabeach.org mailto:amassari@rivierabeach.org http://www.rivierabeach.org/ mailto:purchasing@rivierabeach.org

TABLE OF CONTENTS

TABLE OF CONTENTS

I. NOTICE TO BIDDERS

II. ELECTRONIC BID OPENING

III. GENERAL INFORMATION

IV. SCOPE OF WORK

V. INSTRUCTION TO BIDDERS

VI. SOLICITATION TERMS AND CONDITIONS

VII. STANDARD CONTRACT REQUIREMENTS SPECIAL TERMS AND CONDITIONS

ADDITIONAL ATTACHMENTS AND REQUIRED FORMS:

ATTACHMENT “A” – Offeror’s Required Forms

1. Addendum Acknowledgment

2. Authorized Signatories

3. Certification of Bid

4. Cone of Silence Acknowledgement

5. Conflict of Interest Disclosure Form

6. Drug-Free Workplace Form

7. E-Verify Affirmation Statement

8. Human Trafficking Affidavit

9. Litigation Statement

10. Non-Discrimination Affidavit

11. Non-Collusion Affidavit

12. Public Access Form

13. Public Entity Crimes Affidavit

14. Required References

15. Scrutinized Companies Certification

16. Bid Bond

17. Payment Bond Acknowledgment

18. Performance Bond Acknowledgment

ATTACHMENT “B” – CONTRACT FOR CONSTRUCTION

ATTACHMENT “C” – SITE DRAWINGS

ATTACHMENT “D” – LOCAL VENDOR PREFERENCE PROGRAM AND AFFIDAVIT

ATTACHMENT “J” – REQUESTS FOR APPROVED EQUALS

I. NOTICE TO BIDDERS

The City of Riviera Beach utilizes BidNet as its exclusive electronic solicitation platform. Bids must be submitted in BidNet and presented according to this solicitation's instructions and within the stated time constraints.

Bidding documents, including drawings and specifications, Plan Holders List, Bid Form, and Addendum(s), will be uploaded to BidNet when available. The address is: https://www.bidnetdirect.com/florida/cityofrivierabeach.

All communications regarding this solicitation will be directed only to the Procurement Specialist listed on the cover page of this solicitation.

AT THE TIME OF SUBMITTAL, AND AT ALL TIMES DURING THE PERFORMANCE OF THIS CONTRACT, BIDDER WILL BE AN APPROPRIATELY LICENSED CONTRACTOR IN THE STATE OF FLORIDA TO PERFORM THE WORK AS IDENTIFIED IN THE INVITATION FOR BID; ALL PROPOSED SUBCONTRACTORS WILL BE APPROPRIATELY LICENSED AS CONTRACTORS IN THE STATE OF FLORIDE FOR PERFORMING THE PORTION OF THE WORK FOR WHICH THEY ARE RESPONSIBLE.

II. ELECTRONIC BID OPENING

All City of Riviera Beach solicitations will be opened electronically via the BidNet platform (https://www.bidnetdirect.com/florida/cityofrivierabeach) indicated in the solicitation. This meeting will be conducted virtually via the “Microsoft Teams” Platform and in person at the City of Riviera Beach, 1481 West 15th Street Riviera Beach, Florida 33404. Bidders may attend this meeting in real-time on a computer, laptop, or cell phone.

Microsoft Teams:

Get the app now and be ready when your first meeting starts: https://www.microsoft.com/en-us/microsoft-teams/download-app Meeting ID: 271 519 214 825 6 Passcode: qk6a4VH7 Dial in by phone +1 872-242-8933,,906280836# United States, Chicago Find a local number Phone conference ID: 906 280 836#

III. GENERAL INFORMATION

A. HISTORY AND BACKGROUND

The City of Riviera Beach (“City”) is located along the Atlantic shores of southeast Florida in Palm Beach County.

With a population of more than 38,000 residents, Riviera Beach is home to one of the most impressive beaches in the southeastern United States, boasting an average year-round temperature of 75 degrees.

Along the waterfront in Riviera Beach, residents and tourists enjoy the city’s shops, restaurants, and spectacular attractions. The waterfront marketplace draws in crowds of tourists headed for the cruise ships; the Port of Palm https://www.bidnetdirect.com/florida/cityofrivierabeach.

https://www.bidnetdirect.com/florida/cityofrivierabeach.

https://www.microsoft.com/en-us/microsoft-teams/download-app https://www.microsoft.com/en-us/microsoft-teams/download-app tel:+18722428933,,90865774 https://dialin.teams.microsoft.com/4a61d5d0-e622-4436-8931-8d56f4152200?id=90865774

Beach is located in Riviera Beach, and the Margaritaville at Sea cruise ship departs every other day. Riviera Beach is a growing harbor city located along the shores of the Atlantic Ocean in southeast Florida, USA.

The City’s municipal beach is one of the finest in the state. Our beautiful sandy beaches make Riviera Beach an appealing place for sporting events. Our community and visitors provide an interesting, varied mix of young people, families and retirees from just about anywhere.

B. PROPOSAL SUBMISSION:

Electronic Proposal responses shall be submitted via BidNet in response to this SOLICITATION, prior to the designated proposal due date and time indicated on the RFP Cover Page.

It will be the sole responsibility of the Proposer to become familiar with the scope of services, City’s requirements, and systems prior to submitting a bid.

Late submittals and paper bid submittals will not be accepted or considered. BidNet Direct’s platform will not accept late submittals.

C. ADDENDUMS AND INTERPRETATIONS:

The City reserves the right to amend this solicitation prior to the due date. Any change(s) to this solicitation will be conveyed through the written addenda process. Only written addenda will be binding. If an addendum is issued, Proposer must follow the instructions and submit required information, forms, or acknowledge addendum, as instructed therein. It is the responsibility of all potential Proposers to monitor the solicitation for any changing information, prior to submitting their response.

No interpretations of the meaning of the plans, specifications, scope of work or other contract documents will be made orally to any Proposer. Proposers must request such interpretation in writing as instructed in the RFP solicitation package. To be considered, such request must be received by the Questions and Answers deadline as indicated on RFP Cover Page and on Bidnet . Questions received after this time will NOT be answered.

D. QUESTIONS

Prospective proposers are required to submit any questions related to this solicitation electronically through BidNet by the deadline specified within the solicitation documents. No other forms of submission will be accepted, and only those questions submitted via BidNet will be officially received and addressed. It is the sole responsibility of the proposer to adhere to this procedure for submitting inquiries.

Responses to all questions received within the designated solicitation period will be posted as an addendum on the BidNet. Proposers are advised that failure to report any known or suspected issues, or failure to seek clarification or correction of any aspect of the solicitation, will be done at their own risk.

THE CONTRACTOR MUST POSSESS BUSINESS LICENSES, APPLICABLE GENERAL OR SPECIALIZED LICENSES, AND CERTIFICATION(S) TO BE CONSIDERED RESPONSIVE AND RESPONSIBLE TO THIS SOLICITATION.

Failure to submit proof all required license(s) and certification(s) with proposal submittal will result in a non-responsive and responsible determination.

Required licenses and certifications will consist of the following, but is not limited to:

State:

• Business License

• Certificate of Good Standing https://www.bidnetdirect.com/florida/cityofrivierabeach https://www.bidnetdirect.com/florida/cityofrivierabeach

• General Contractor License

E. CONTRACT PERIOD:

This is a one-time fixed project.

F. CONE OF SILENCE:

Section 2-166 (Cone of Silence) of the City; Code of Ordinances, prohibits any communication, except written correspondence, regarding a particular request for proposal, request for qualification, bid, or any other competitive solicitation between any person’s representative seeking award from such competitive solicitation; and any City Council person or legislative staff, or any City employee authorized to act on behalf of the Council to award a contract under this Bid.

The Cone of Silence shall be in effect as of the deadline to submit the proposal, bids or other response to this competitive solicitation and shall remain in effect and subject to the terms of this section for any person or person’s representative.

The provisions of this division shall not apply to oral communications at any public proceeding, including pre-bid conference, oral presentations before selection committees, and contract negotiations during any public meetings, presentations made to the Council and protest hearings. Further, the Cone of Silence shall not apply to contract negotiations between any employee and the intended awardees, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence at any time with any employee, Council member, or selection committee member, unless specifically prohibited by the applicable competitive solicitation process.

The cone of silence shall terminate at the time the Council, awards or approves a contract, rejects all bids or responses or otherwise takes action, which ends the solicitation process.

Any Contract entered into in violation of the cone of silence provisions in this section shall render the transaction voidable.

Penalties for violation of the Cone of Silence shall be applied per Section 2- 168 (Penalties) of the City; Code of Ordinances.

G. ACCEPTANCE OF PROPOSALS / MINOR IRREGULARITIES

The City reserves the right to accept or reject any and all proposals, part of proposals and waive minor irregularities or variances to specifications contained in proposals, which do not make the proposal conditional in nature and minor irregularities in the solicitation process. A minor irregularity shall be a variation from the solicitation that does not affect the price of the contract or does not give an offeror an advantage or benefit not enjoyed by other offerors, does not adversely impact the interests of other firms or, does not affect the fundamental fairness of the solicitation process. The City also reserves the right to reissue a Request for Proposal.

H. APPROVED EQUALS OR EQUIVALENT

The Contractor may use Approved Equal or Equivalent equipment and parts as applicable to stay in compliance with current industry standards. The Contractor shall provide The City Engineer the technical specification and data sheets for any hardware, equipment, parts, accessories, licenses, and management controls that meet or exceed the minimum requirement listed herein. Bidders shall complete Attachment “J” - Request for Approved Equal Form and submit a request prior to the bid due date. Approval of such request is at the control and approval of the City.

https://library.municode.com/fl/riviera_beach/codes/code_of_ordinances?nodeId=PTIICOOR_CH2AD_ARTIVOFEM_DIV1.5LORE_S2-166COSI https://library.municode.com/fl/riviera_beach/codes/code_of_ordinances?nodeId=PTIICOOR_CH2AD_ARTIVOFEM_DIV1.5LORE_S2-168PE

The City reserves the right to disqualify Proposer during any phase of the competitive solicitation process and terminate for cause any resulting contract upon evidence of collusion with intent to defraud or other illegal practices on the part of the Proposer.

I. CHANGES AND ALTERATIONS

Proposer may change or withdraw a Proposal at any time prior to Proposal submission deadline; however, no oral modifications will be allowed. Modifications shall not be allowed following the Proposal deadline.

J. MATERIAL MODIFICATIONS / ALTERATIONS

Material modification and/or alterations to the verbiage or documents herein made by the Offeror’s is expressly prohibited and is not enforceable. Modifications and/or alterations may render the proposal submission void and bar the Offeror from consideration in connection with this solicitation.

K. TRANSACTION FEES

The City of Riviera Beach uses BidNet to distribute bids and proposals. There is no charge to register and participate in the solicitation process, nor will any fees be charged to the awarded Proposer.

IV. SCOPE OF WORK

A. SCOPE

The successful bidder (hereinafter referred to as the contractor) shall furnish, at their expense, all labor, supervisors, equipment, machinery, tools, materials, transportation, and other services necessary to fully remove and replace the existing soil material, install shoreline treatment and mitigate all damaged asphalt, concrete, sod and irrigation from construction activities and all other elements as indicated on the associated plans and specifications. The contractor shall be responsible for protection of all irrigation. The contractor shall be responsible for restoration of pavement and sodding of all disturbed areas. The Contractor prior, during and at the completion of the demolition part of this work shall follow all the required notifications, protection, regulatory requirements and execution procedures described in Section 02050 of the Project Manual.

The contractor shall be responsible to ensure frequent pick-up of all refuse, rubbish, scrap materials, and debris that result from their operations so that work site presents a neat and orderly appearance at all times. All rubbish, scrap, etc., shall be transported from the premises. NO rubbish shall be deposited as fill on the work site. At completion of work, the contractor shall remove all work materials, tools, construction equipment, machinery, and surplus materials from the work site and shall leave project in ready to use condition.

The contractor shall provide a schedule for the required work and coordinate all required work with other occupancy and/or construction occurring on or in this area by others. Safeguard of all equipment, tools, materials, etc., at the work site shall be the contractor's responsibility. The contractor shall be responsible for the protection of all personnel against hazards and/or injuries due to their construction operations at the work site. Contractor shall correct any and all damage caused by their operations to the City's satisfaction at no additional cost to the City.

The contractor shall have an English-speaking supervisor/representative on the work site at all times, who shall be thoroughly knowledgeable of all plans, specifications, and other contract documents and has the authority to act in the contractor's behalf. The contractor shall be responsible for the appearance of all working personnel assigned to the projects (clean and appropriately dressed) at all times, and their compliance with City Policies and Rules prohibiting smoking and consumption of alcohol and illegal drugs while on City projects.

The contract time for this solicitation shall be for 45 days from issuance of Purchase Order / Notice to Proceed to Project Substantial Completion. The contractor work shall Finally Complete with an additional 15 calendar days from Substantial Completion. Total Calendar Days shall be 60 days unless specifically indicated in the origination of the requisition. The Public Works Department has taken the liberty to utilize the standard bid documents and latest contract to initiate a draft of the necessary bid document and technical specifications. Please find enclosed the draft bid package.

B. CONSTRUCTION ADMINISTRATOR:

Terrence Bailey, is the designated Construction Administrator / Project Manager for this project. The Contractor will work with the Public Works Department and the designated Contract Administrator to complete this project.

A. CONSTRUCTION ADMINISTRATOR RESPONSIBILITIES:

1. The Construction Administrator / Designee shall serve as liaison, coordinate, and approve all work under the contract.

2. The Construction Administrator / Designee shall resolve any disputes.

3. The Construction Administrator / Designee shall perform performance evaluations regularly.

4. The Construction Administrator / Designee shall schedule and conduct contractor performance evaluations, document findings, and review and approve all invoices for work performed or items delivered for payment.

5. The Construction Administrator / Designee shall address and provide assistance when dealing with passenger issues during trips.

6. The City shall make the final decision on how incidents with passengers will be handled.

C. CONTRACTOR RESPONSIBILITES

1. Included in the project is the acquisition of all tools, equipment, materials, and other supplies, including but not limited to fuel, power, water, and communication devices required to complete the project. The work also includes the performance of all labor, work, and other operations required to complete this project

2. The Contractor shall protect and maintain all surfacing and improvements during the entire construction process. Protection of surfacing and improvements may include but is not limited to, the installation of fencing, cabling, or other preventative measures.

3. The Contractor shall be responsible for any and all damage resulting from improper use, damage, or vandalism prior to the City’s acceptance of the project.

4. For contract close, the Contractor shall submit the following:

a. Product list including product name, product number, contact information and method of application for all material used on the project.

b. Warranty letter

c. Submittal documents, including manufacturer’s instructions, field reports, and testing certificates.

d. Maintenance schedule and recommendations.

e. Progress reports identifying project status, percent completion and scheduled time of completion and submitted to the City Designee.

5. This selected Contractor must use effective project management practices while working on this project, consisting of but not limited to clear communication with the City and other parties involved in this project, management of time and resources, and documentation of all services and communication.

6. The Contractor shall maintain all certifications, licenses, bonds, and certificates of insurance for the duration of this project until final acceptance is received.

7. The contractor shall be responsible for protecting all personnel against hazards and/or injuries caused by their operations at the work site.

8. The Contractor shall correct any and all damage caused by their operations to the City’s satisfaction at no additional cost to the City.

9. The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and providing reasonable protection to prevent damage to properties surrounding the work site and injury or loss to employees, materials, and equipment in connection with the performance of the work herein.

10. The Maintenance of Traffic (MOT) (if needed): The Contractor shall closely follow the directions provided throughout this document and shall be in conformance with the applicable sections of the FDOT Road Design Standards Index 600.

11. The Contractor shall supervise and direct the work, using the Contractor’s best skill and attention. The Contractor shall work with the Contract Administrator / Project Manager to oversee the development of the project means, methods, techniques, sequences, procedures, and coordination of all portions of the work under this agreement.

12. The Contractor shall enforce strict discipline and good order amongst its employees and other persons carrying out work under this contract. The Contractor shall be responsible to the City for acts and omissions of its employees, subcontractors, and other agents performing portions of the work for or on behalf of the Contractor or any of its subcontractors.

13. The Contractor shall be responsible for protecting all existing utilities, irrigation, drainage structures, pipes, and signs within the limits of this project site. These shall remain in place and be in working condition during and after the completion of this project.

14. The Contractor shall assess the conditions at this site, notify the designated Project Manager in writing of any discrepancies, conflicts, or omissions promptly upon discovery, and make necessary recommendations to resolve identified issues

15. Reporting Dangerous Conditions / Situations: The Contractor shall notify the Contract Administrator / Designee of any and all encounters with unsafe and dangerous conditions and/or unusual situations occurring at the work sites while working on this project.

D. PROJECT MEETINGS

The City may require meetings throughout this project, which will require the participation of the City designee, Contractor, all subcontractors, all sub-consultants, representatives of governmental agencies with jurisdiction in this project area (if applicable), and any others as requested by the City and/or Contractor. The time and place of the meeting will be arranged by the City designee.

1. Pre-Construction Meeting:

After the contract is awarded, the Notice to Proceed (NTP) is received, and work commences, a pre-construction conference will be held between the Contractor, City representative, and others affected by this work. The project schedule and completion dates will be established during this meeting.

2. At the pre-construction conference, the Contractor shall identify his designated project manager, foreman, site supervisor, and any additional personnel representing the Contractor and their respective roles and responsibilities for the work. The designated project manager shall represent the Contractor, and communications given to the project manager shall be as binding as if given to the Contractor. Important communications shall be confirmed in writing. Other communications shall be similarly confirmed in written request in each case.

a. At the pre-construction conference, the Contractor shall furnish in writing to the City’s designee the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the work.

b. The City will promptly reply to the Contractor in writing stating whether or not, after due investigation, has reasonable objection to any such proposed person or entity.

c. The Contractor shall not contract with a proposed person or entity to whom the City has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection.

E. PERMITS

The Contractor shall procure and pay for all permits and licenses, charges, and fees and give all notices necessary and incidental to the lawful prosecution of the work. The Contractor shall include the cost for all permits in the contractor’s base proposal.

The contractor shall possess and keep in force all licenses, business permits, and other permits required to perform the services of this Agreement.

NOTE: Contractor shall not commence any work without obtaining all required permits.

F. PROJECT DURATION

The Contractor shall complete all services no less than Sixty Days (60) from receipt of the Purchase Order and Notice to Proceed (NTP).

Time is of the essence for the Contractor’s performance of the work. The Contractor is expected to complete this project as expeditiously as possible. The work to be performed under this contract shall commence upon issuance of a Purchase Order (PO) and in conjunction with a Notice to Proceed (NTP). No Contract Time extensions will be allowed for holidays or vacations. At a minimum, the selected DBF must adhere to the following schedule as set by the City:

1. The Contractor recognizes that TIME IS OF THE ESSENCE. The Work shall commence within 10 calendar days (6 working days) of the date of the Notice to Proceed.

2. The Work shall be Substantially Completed within 60 calendar days (42 working days) after the date the Contract Time commences to run, as provided in the Notice to Proceed.

3. The Work shall be finally completed on the Final Completion Date and ready for final payment in accordance with this Agreement within 120 calendar days (81 working days) after the date when the Contract Time commences to run as provided in the Notice to Proceed.

4. Preliminary Project Schedule - Within Ten 10 days after notice of award and as a condition precedent to executing the Contract, prior to commencement of any work, the Contractor shall submit their preliminary project schedule to the City for review and approval. The schedule shall be written in sufficient detail to show the chronicled relationship of all major aspects of the project, including procurement of materials, scheduling of equipment, construction, and installation phases with a level of detail.

G. LIQUIDATED DAMAGES

Upon failure of the Contractor to complete the Work within the time specified for completion, the Contractor shall pay to the City the sum of Two Hundred and Fifty Dollars ($250.00) for each and every calendar day that the completion of the Work is delayed beyond the time specified in this Agreement for completion, as fixed and agreed liquidated damages and not as a penalty, so long as the delay is caused by the Contractor.

H. WEATHER

The Time of Completion for this project has been calculated assuming that the weather conditions will be average to moderate. If in the opinion of the City’s Contract Administrator / Designee the weather escalates to a point where the work delays on the project more than the Contractor could have reasonably anticipated or controlled, the Contract Administrator / Designee will make arrangements for extending the time of completion for each individual work order package, once the request has been made for such extensions by the Contractor.

If adverse weather conditions are the basis of a Claim(s) for additional time, such Claim(s) shall be documented by data substantiating that weather conditions were abnormal for the period of time, could not have been reasonably anticipated, and had an adverse effect on the project scheduled activities.

The Contractor will be required to promptly notify the City’s Contract Administrator / Designee in writing of any such delays to the work, explaining its efforts to mitigate the effects of such delays. Any such notification received by the Contract Administrator / Designee more than five business days after the delay has occurred will not be considered. No extension of time shall be granted for delay(s) resulting from typical weather conditions prevailing in the applicable area(s) as defined by the average of the last ten (10) years of weather data recorded with the City and the applicable jurisdiction(s).

I. DELIVERY, STORAGE, AND HANDLING

The Contractor shall coordinate delivery and arrange storage of materials (if needed). Storage space may be limited.

Components sensitive to damage in a harsh environment shall be stored off-site and delivered as needed. The Contractor shall provide all necessary protective covering to prevent damage to surrounding work areas. The Contractor shall be responsible for the on-site security of tools, equipment, and materials.

J. RESPONSE TIME

The Contractor shall respond to requests for services within twenty-four (24) hours of notification by the City.

K. PERSON OF CONTACT

The Contractor shall provide contact information for Primary and Secondary staff within the company who will be responsible for responding to the City's request for support services during the term of this agreement. Contact information shall include the name of the Contact(s), E-mail address, Website Information, Phone Number, and Fax Number.

L. RESTORATION OF PROPERTY

Property - whether public or private - if damaged during construction or removed for the convenience of the work; ALL such property shall be repaired and/or replaced by the Contractor at his/her own expense in a manner acceptable to the City’s Contract Administrator, prior to final acceptance of the work. Restoration of certain items (such as benches, shelters, traffic signs, street signs, fences, sod, etc.) shall be performed promptly for reasons of public safety, health, and welfare.

M. CONTRACTOR AND SUBCONTRACTOR UNIFORM/BADGING

The Contractor employees assigned to this contract must wear a professional uniform with the company name permanently affixed to it. Uniforms shall comply with all safety provisions from the Florida Department of Transportation, OSHA, and the City.

N. CONTRACTOR AND SUBCONTRACTOR VEHICLES

The Contractor’s company vehicles shall be distinctly labeled with the company name; and shall only be parked in designated spaces provided by the City.

O. DAMAGE REIMBURSEMENT

The Contractor shall be solely responsible for and shall reimburse the City any and all costs and/or expenses of any kind or nature relating to the correction of any damage to any City property resulting from the installation, maintenance, or replacement of mounted equipment and infrastructure.

P. WARRANTY

The Contractor shall furnish all pertinent warranty information, including manufacturers’ warranties and effective dates, as they become available, for all new equipment. All materials, parts, components, equipment, and labor work performed shall be fully warranted and guaranteed for a minimum of One (1) year from the date of completion of services and acceptance by Parks & Rec’s Department. Parts and equipment shall be replaced during the warranty period and have a warranty matching that of the original part from date of replacement. Repair or replacement defects occurring in labor or product(s) within the warranty period shall be performed and provided at no additional cost to the City.

Q. CLEAN UP

All usable materials and debris shall be removed from the premises at the end of each workday and disposed of appropriately. Upon final completion, the Contractor shall thoroughly clean up all areas where work has been involved as mutually agreed with the associated location Contract Administrator / Designee.

R. WORK ACCEPTANCE

Services to be performed under this agreement will be inspected by an authorized representative of the Park’s and Rec’s Department. This inspection shall be performed to determine acceptance of work, appropriate invoicing, and warranty conditions.

Contractor that requires final acceptance testing. The City shall complete any necessary inspection and testing of the software and related services for compliance with the scope of services, technical specifications, and requirements herein within five (5) business days of delivery or completion of any required services.

The City shall provide written notice of acceptance or rejection within five (5) business days of completion of testing.

The contractor may not invoice the City for any such software or software-related services unless and until the City provides written notice of final acceptance.

S. INVOICING AND PAYMENT

Each invoice shall fully detail the related costs and shall specify the status of the particular task or project as of the date of the invoice with regard to the accepted schedule for that task or project. Payment will be made within forty-five (45) days after receipt of an invoice acceptable to the City, in accordance with the Florida Local

Government Prompt Payment Act. If, at any time during the contract, the City shall not approve or accept the Consultant’s/Firm’s work product, and agreement cannot be reached between the City and the Consultant/Firm to resolve the problem to the City's satisfaction, the City shall negotiate with the Consultant/Firm on a payment for the work completed and usable to the City.

NOTE: Payment Retainage is applicable to this agreement at a rate of five percent (5%) and will be withheld until it has been determined that the Contractor has complied with DBRA requirements.

T. CERTIFIED PAYROLL REQUIREMENTS

In accordance with Davis Bacon and related federal requirements, the Contractor shall submit certified payroll with supporting documentation for all employees (workers) including subcontractors that perform services under this agreement. The City will review and approve payrolls and supporting documentation submitted by the Contractor. The City will work with the Contractor to resolve payroll-related issues, interview employees/workers, and follow up as necessary to ensure the information provided is accurate. The City shall ensure restitution due to underpaid workers has been paid prior to project completion and issuance of final payment to Contractor is made.

U. MINIMUM / MAXIMUM QUANTITY

The Minimum Annual Quantity for each bid item is considered zero (0). The Maximum Annual Quantity listed for each bid item shall not be exceeded per year.

V. PRIME CONTRACTOR/SUBCONTRACTORS

Offeror(s) proposals selected as lowest responsible and responsible bidder, and whose bid is in the best interest of the City shall be the prime contractor if a contract is awarded and shall be responsible, in total, for all work of any subcontractors. All subcontractors, if any, must be listed in the proposal. The City reserves the right to approve all subcontractors. The Contractor shall be responsible to the City for the acts and omissions of all subcontractors or agents and of persons directly or indirectly employed by such subcontractors, and for the acts and omissions of persons employed directly by the Contractor. Further, nothing contained within this document or any contract documents created as a result of any contract awards derived from this ITB shall create any contractual relationships between any subcontractor and the City.

V. INSTRUCTION TO BIDDERS

The following information and instructions are given to guide Bidders in properly preparing their bid responses and are standard for Construction Invitations to Bid (CITB) solicitations as issued by the City. These directions and instructions have equal force and weight with the scope of services, specifications, and strict compliance, which is required with all these provisions. The City may delete, modify, or supersede any standard instructions for a particular contract to the Contractor or in the line item. It is the Bidder’s sole responsibility to become familiar with the scope of services, City requirements, and systems before submitting a bid. The solicitation package, exhibits, attachments, addendums, and the successful bid response will be included in any Agreement between the Contractor and the City.

In addition to the documents in Attachment “A”—Bidder’s Required Forms, Bidders must complete any additional project-specific requested forms. Failure to submit the required forms will deem the Bidder Non-Responsive.

A. ELIGIBILITY

No bid response will be accepted from, nor will any contract be awarded to, any person who is in arrears to the City of Riviera Beach upon any debt or contract or who has defaulted, as surety or otherwise, upon any obligation to the City, or who is deemed irresponsible or unreliable by the City Council of Riviera Beach.

B. RESPONSIBILITY

No variation in price or conditions will be permitted based upon a claim of ignorance. Submitting a bid response will be considered evidence that the Bidder has familiarized themselves with the nature and extent of the work, equipment, materials, and labor required.

C. ADDITIONAL TERMS AND CONDITIONS

No additional terms and conditions the Bidder includes with the Bid response will be evaluated or considered. All such additional terms and conditions will have no force and effect and are inapplicable to this Bid if submitted purposely through intent or design or inadvertently appearing separately in transmittal letters, specifications, literature, price lists, or warranties. It is understood and agreed that the general conditions in this Invitation to Bid are the only conditions applicable to this Bid, and the Bidder’s authorized signature on the Bid Form attests to this.

D. SPECIFIC EXPERIENCE REQUIRED

The following expertise is required to be considered for any executed contract(s). Specific references attesting to this expertise must be submitted with the bid.

BIDDERS SHALL NOT INCLUDE ANY WORK PERFORMED FOR THE CITY OF RIVIERA BEACH, NOR LIST ANY CITY STAFF AS REFERENCES, WHEN DEMONSTRATING QUALIFICATIONS, EXPERIENCE, OR CAPABILITIES IN RESPONSE TO THIS ITB. DO NOT INCLUDE PROPOSED TEAM MEMBERS OR PARENT/SUBSIDIARY/AFFILIATED COMPANIES AS

REFERENCES IN YOUR SUBMITTALS.

The Contractor will have at least three (3) years of previous erosion restoration and stabilization experience. If available, such references should be from public agencies.

Bidder shall submit proof of previous experience within a three (3) year period of similar scope and scale (or larger) and shall identify the location, dates of services, project name and overall scope, scope of work that was self-performed by Contractor, and client name, address, telephone number, and e-mail address for each project listed.

E. AUTHORIZED SIGNATORIES

An authorized officer of the company must sign all associated forms.

F. BID ACCEPTANCE

Bidder warrants, by virtue of bidding, that the bid and the prices quoted in the bid will be firm for acceptance by the City for a period of One Hundred and Twenty (120) calendar days from the date of bid opening unless otherwise stated in the solicitation. The City will award the contract within this period or request from the recommended Bidder an extension to hold pricing until a formal award has been executed.

G. MATERIAL MODIFICATIONS / ALTERATIONS

Material modifications or alterations to the verbiage or documents made by the Bidder are expressly prohibited and are not enforceable. Modifications or alterations may render the Bidder’s submission void and bar the Bidder from consideration in connection with this solicitation.

H. ELECTRONIC BID SUBMISSION DEADLINE:

Electronic Bid Responses will be submitted via BidNet (https://www.bidnetdirect.com/florida/cityofrivierabeach) before the designated bid due date and time indicated in the solicitation. PAPER BID SUBMITTALS WILL NOT BE

ACCEPTED.

I. COST

Pricing shall be submitted in Bidnet, all inclusive, and shall constitute complete compensation. Failure on the part of the Contractor to completely and properly evaluate any factors of costs prior to bidding shall not form a basis for additional compensation.

J. INVOICING AND PAYMENT

Each invoice shall fully detail the related costs and shall specify the status of the particular task or project as of the date of the invoice with regard to the accepted schedule for that task or project. Payment will be made within forty-five (45) days after receipt of an invoice acceptable to the City, in accordance with the Florida Local Government Prompt Payment Act. If, at any time during the contract, the City shall not approve or accept the Consultant’s/Firm’s work product, and agreement cannot be reached between the City and the Consultant/Firm to resolve the problem to the City's satisfaction, the City shall negotiate with the Consultant/Firm on a payment for the work completed and usable to the City.

Note: Payment Retainage is applicable to this agreement at a rate of five percent (5%) and will be withheld until it has been determined that the Contractor has complied with DBRA requirements.

VI. SOLICITATION TERMS AND CONDITIONS

A. AWARD

The City of Riviera Beach shall award the bid to the lowest, responsive, and responsible bidder(s), subject to the Local Vendor Preference provisions outlined herein, where applicable.

To be considered for award:

• Bidders must submit pricing for every item listed in BidNet.

• Each item must fully comply with the specifications provided.

• Failure to meet the specifications of even a single item will result in the entire bid being deemed non-responsive.

B. CONDITIONS AND PACKAGING

Unless otherwise stated in the solicitation or specifically ordered from an accepted price list, deliveries must consist only of new and unused goods and will be the current standard production model available at the time of the solicitation response. The goods must be suitably packaged for shipment by a common carrier. Each container or multiple units or items otherwise packaged will bear a label, imprint, stencil, or other legible markings stating the name of the manufacturer or supplier, purchase order number, and any other markings required by specifications or other acceptable means of identifying Contractor and purchase order number.

C. BIDDER RESPONSIBILITY

The undersigned Bidder affirms that he/she has or will obtain all equipment necessary to complete the work described, that he/she has or will obtain all required permits and licenses from the appropriate agencies, and that his firm is authorized to do business in the state of Florida.

D. LEGAL REQUIREMENTS

Bidders must comply with all provisions of Federal, State, County, and local laws, bid and ordinances, rules and regulations, and any City rules that apply to the items being bid. Lack of knowledge by the Bidder will not be a cause for relief from responsibility or constitute a cognizable defense against the legal effect thereof.

E. LOBBYING ACTIVITIES

ALL CONTRACTORS PLEASE NOTE: Any Contractor submitting a response to this solicitation must comply, if applicable, with the CITY’S Lobbying Ordinance, which is provided in Chapter 2.164 of the City Code of Ordinance.

Copies of the Ordinance may be obtained from the Office of CITY Clerk’s, 600 West Blue Heron Boulevard, Suite #140, Riviera Beach, Florida, 33404. The ordinance may also be viewed on the City’s website at:

https://library.municode.com/fl/riviera_beach/codes/code_of_ordinances.

F. CODE REQUIREMENTS

The Contractor and his or her subcontractors on each project must be familiar with all applicable Federal, State, City, and Local Laws, Regulations, or Codes and be governed accordingly as they will apply to this project and the actions or operations of those engaged in the work or concerning materials used. The Contractor is responsible for scheduling all required inspections. The Contractor will be present for inspections should it be necessary. The Contractor will be responsible for all costs associated with rework necessary to resolve a failed inspection.

G. CONE OF SILENCE

To ensure the fair evaluation of proposals/bids, communication initiated by offerors is prohibited from the time responses are open until the final decision has been made. Sec. 2-166. - Cone of silence.

Any Contract entered into in violation of the cone of silence provisions in this section will render the transaction voidable.

H. CONFLICT OF INTEREST

All Bidders MUST disclose with their Bid the name of any officer, director, agent, or any relative of an officer, director, or agent who is also an employee of the City. Further, all Bidders must disclose the name of any City employee who owns, directly or indirectly, an interest of five percent (5%) or more in the Bidder’s firm or any of its subsidiaries.

I. CONTINGENCY FEES

By submission of this solicitation response, Bidder certifies that no contingency fees (sometimes known as a finder’s fee) have been paid to any person or organization other than a bona-fide employee working solely for the Bidder to secure a contract made pursuant to this solicitation. Violating this policy may result in termination of any resultant contract or possible debarment of the Bidder.

J. DEBARRED OR SUSPENDED BIDDERS

By submitting a solicitation response to this solicitation, the Bidder certifies that neither it nor its principals nor subcontractors are presently debarred or suspended by any state, local, or federal department or agency.

K. DISCOUNTS

Cash discounts for prompt payment will not be considered when determining the lowest net cost for the bid evaluation process.

L. DRUG-FREE WORKPLACE

Preference will be given to a business with Drug-Free Workplace (DFW) programs. Whenever two or more Bids that are equal with respect to price, quality, and service are received by the CITY for the procurement of contractual services, a Bid received from a business that completes the attached DFW form certifying that it is a DFW will be given preference in the award process.

https://library.municode.com/fl/riviera_beach/codes/code_of_ordinances.

https://library.municode.com/fl/riviera_beach/codes/code_of_ordinances.

https://library.municode.com/fl/riviera_beach/codes/code_of_ordinances?nodeId=PTIICOOR_CH2AD_ARTIVOFEM_DIV1.5LORE_S2-166COSI

M. DUN & BRADSTREET REPORT REQUIREMENT

The City may review the Contractor(s) rating and payment performance to assist in determining a Contractor(s) responsibility when being evaluated for a contract award.

N. LOCAL VENDOR PREFERENCE

Under the City’s Procurement Code, DIVISION 1. - PREFERENCES FOR LOCAL VENDORS, the City has a preference for local businesses. A local business, for the purposes of the application of the local vendor preference, means a Bidder, which has a permanent, physical place of business within the city limits and a valid business tax receipt and certificate of occupancy applicable to the required goods, services, or construction items being procured. Post office boxes or locations at a postal service center are not verifiable and will not be used for the purpose of establishing said physical address. If the business is a joint venture/partnership, it is sufficient for qualification as a local business if at least one party of the joint venture/partnership meets the test outlined in this section. The Bidder will have the burden of demonstrating that it meets this definition. A permanent physical location must be established for a minimum of twelve (12) months before the published date of this solicitation.

Applying the local vendor preference will not change the actual cost proposal. Further, in no event will it cause the city to pay more than $25,000.00 above the amount proposed by the non-local vendor, which would have been recommended for award if the local vendor preference had not been applied.

O. MISTAKES

Bidders are cautioned to examine all specifications, scopes of services, scope of works, drawings, delivery instructions, unit prices, extensions, and all other special conditions pertaining to this solicitation. Failure of the Bidder to examine all pertinent documents will not entitle them to any relief from the conditions imposed in the contract. In case of mistakes in the extension, the unit price will govern. Multiplication or addition errors are deemed clerical errors and will be corrected by the City. In the case of arithmetic error(s), the unit price will prevail, and the Bidder’s total offer will be corrected accordingly. Written Amounts will take precedence over numerical amounts. Bids having erasures or corrections must be initialed in ink by the Bidder. Failure to do so will result in the bid being deemed non-responsible and will be rejected.

P. MODIFICATIONS

All changes to purchase orders will be by issuance of a change order. Any modifications or changes to any contract entered as a result of this solicitation must be by written amendment with the same formality and of equal dignity before initiating any such change.

Q. NON-COLLUSION STATEMENT

By signing its Bid, the Bidder certifies that its Bid is made independently and free from collusion. Bidder will complete and submit the Non-Collusion Affidavit Form located in Attachment “A” – Bidder’s Required Forms package, to their best knowledge, any Riviera Beach officer or employee, or any relative of any such officer or employee as defined in Section 112.3135(1) (c), Florida Statutes, who is an officer or director of, or has a material interest in, the supplier's business, who is in a position to influence this procurement. Any Riviera Beach officer or employee who has any input into the writing of specifications or requirements, solicitation of offers, decision to award, evaluation of offers, or any other activity pertinent to this procurement is presumed, for purposes hereof, to be in a position to influence this procurement. For purposes hereof, a person has a material interest if he/she directly or indirectly owns more than five percent (5%) of any business entity's total assets or capital stock or if they otherwise stand to personally gain if the contract is awarded to this Bidder.

Failure of a Bidder to disclose any relationship described herein will be a reason for debarment according to the provisions of the City Procurement Code.

https://library.municode.com/fl/riviera_beach/codes/code_of_ordinances?nodeId=PTIICOOR_CH16.5PRCO_ARTXPRIN_DIV1PRLOVE

If doing business under an assumed name, i.e., an Individual, Association, Partnership, Corporation, or otherwise, Bidder will be registered with the Florida Department of State, Division of Corporations.

R. PRICES

Firm prices will be provided in BidNet, including all handling, setup, shipping, and inside delivery charges to the destination shown herein unless otherwise indicated.

1. THE CONTRACTOR: In submitting this solicitation response, certifies that the prices provided herein are not higher than the prices at which the same commodity (ies) or service(s) is sold in approximately similar quantities under similar terms and conditions to any purchaser whomsoever.

2. F.O.B.: Unless otherwise specified, prices will be provided as F.O.B. Destination Riviera Beach, Florida, freight included and inclusive of all costs. Current and/or anticipated applicable fuel costs should be considered and included in the prices provided.

3. TIES: The Procurement Department will break tie responses according to the Procurement Code.

S. TAXES

The City is exempt from Federal Excise and State Sales taxes. Contractors or Contractors doing business with the City will not be exempted from paying sales tax to their suppliers for materials to…